Employees and employment law · Czechia and Slovakia
Dealing with a difficult employee
Unauthorised absence, alcohol, disregarding instructions, poor results. Every employer faces it eventually. The difference between an expensive dispute and a sound solution lies in the process: what to document, when to warn, which form to use and when to terminate. We guide you step by step so every action stands up in court.
- Lawyer registered with both ČAK and SAK
- A step-by-step process
- Fees agreed in advance
What we'll do for you
Courts most often set aside terminations because of procedural errors: a missing warning, incorrect wording or missed deadlines. We therefore work backwards from termination that must stand up to scrutiny to the first step today.
Select an item to see the details.
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Assessing the situation
We classify the employee's conduct correctly in law — less serious or serious misconduct, or unsatisfactory performance — which determines the entire procedure.
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Warnings and requests
We prepare written warnings with the correct content, form and service — precisely the documents that later determine a dispute.
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Documentation
We establish records of breaches, witnesses and supporting material so usable evidence is created as events occur.
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Choosing a solution
Termination by agreement, notice or immediate termination — we compare the risks and costs of each route for your specific case.
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Implementation
We prepare documents for the chosen route and support you during the employee discussion — including a script of what to say and avoid.
Deliverablea legally sound process: documented breaches, proper warnings and prepared termination that stands up in court
How it works
Does this process fit your matter? Describe it to the attorney →
- Consultationday 0
You describe the situation; we explain its legal classification, options and risks.
- Action plan
You receive steps in order, with deadlines — what to document, when to warn and when to act.
- Carrying out the steps
We prepare documents and continually reassess the situation.
- Resolution
The employee either improves, or we prepare termination of employment in a way that stands up to scrutiny.
No-obligation enquiry
Ready to start?
Send us an enquiry. We usually reply within 24 hours with a price confirmation and next steps. The first 30-minute consultation is free and commits you to nothing.
- 1Send your enquiry via this form
- 2Usually within 24 h you get a price confirmation and plan
- 3We start work only after your approval
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Prefer to book a time right away? Book a consultation →
Or email us about this matter.
What clients ask
Didn’t find your question? Ask us directly →
An employee has unauthorised absences. Can I dismiss them straight away?
It depends on the extent and circumstances — an isolated absence is usually less serious misconduct requiring a warning, while prolonged unauthorised failure to attend may justify immediate termination. Precise classification and evidence are decisive; we assess these before you take an irreversible step.
How long must I tolerate poor performance?
You need not tolerate it — you need to address it correctly: a written request to remedy shortcomings within a reasonable period, and only then possible notice. Without a request, a court will generally not uphold dismissal for unsatisfactory results; with one, it is a standard route.
What should I record about the employee?
Specific events with dates, descriptions and witnesses — facts rather than opinions: when they failed to attend, what they failed to complete and how they were warned. We establish a simple record system; in a dispute, the difference between 'always late' and six dated records is enormous.
The employee goes on long-term sick leave as action approaches. What now?
Sick leave changes the options, but not all of them. It brings a protected period during which the employer may not give notice. However, the prohibition does not apply, among other things, to notice given on grounds that would justify immediate termination or for other breaches of work discipline (§ 64(3)(b) and (c) of the Labour Code); exceptions apply to pregnant employees and to parents on maternity, paternity or parental leave. Sick leave as such does not prevent immediate termination either, because the law does not list it among the cases in which immediate termination is prohibited (§ 68(3)). We assess what can be done immediately and what must wait until the return.
How much does the service cost?
A consultation and action plan is a quick item; further steps depend on scope. We confirm the fee in advance — and the agreed terms apply.
Legal Q&A
Common questions on this topic
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How long can probation last, and how can employment end during it?
Probation may last up to three months, or six for managerial employees directly reporting to the statutory body, and must be agreed in writing or is invalid. It cannot be extended. During probation, either employer or employee may terminate employment in writing for any reason or without giving a reason; notification should generally be served at least three days in advance.
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When may an employer terminate employment immediately?
An employer may terminate employment immediately only exceptionally: where the employee has been finally convicted of an intentional criminal offence or seriously breached work discipline. It must act within two months of learning of the grounds and no later than one year after they arose. Protected employees, such as those on maternity or parental leave, cannot be dismissed immediately.
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An employee repeatedly breaches work discipline. When can we dismiss them?
For serious misconduct, you may give notice straight away or terminate immediately. For less serious misconduct, notice is possible only if the employee received a written warning of possible dismissal in connection with misconduct within the last six months. Give notice within two months of learning of the breach and no later than one year after it occurred; before service, inform the employee of the grounds and allow a response. The warning must describe specific conduct, expressly mention possible dismissal and be provably served.
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Further reading
Immediate termination, or notice? The choice on a serious breach of work discipline
On a serious breach of work discipline an employer may end employment immediately or by notice. This article compares the time limits, the protection of the employee, the costs and, above all, the risk if the court does not accept the grounds. It is written for employers deciding under the pressure of a fresh incident.
Read more →
Termination of employment in Czechia and Slovakia: the differences employers run into
The Slovak and Czech Labour Codes share a common basis, but on termination of employment they now differ in time limits, in the notice period and in service. This article compares grounds for notice, time limits for taking action, the notice period, the protected period and wage compensation for invalid termination. It is written for businesses with employees in both countries.
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Notice for unsatisfactory work results: the request, reasonable time and common mistakes
The employee is trying, but the results do not come. The Labour Code provides a separate ground of notice for this, resting on a written request and a reasonable time for remedy. The article explains how to distinguish it from a breach of discipline, how to draft the request and how the Czech rules differ.
Read more →